Madhya Pradesh High Court
Bhiyalal Yadav vs The State Of Madhya Pradesh on 18 May, 2023
Author: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6165 of 2023
(BHIYALAL YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 18-05-2023
Shri Ajay Singh Raghuwanshi- Advocate for the appellant.
Shri G.S. Chauhan- Government Advocate for the respondent/State.
Heard on I.A. No.8091/2023, First application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the
appellant.
This appeal under Section 374 of Cr.P.C. has been preferred against the
judgment dated 27/03/2023 passed by learned Fifth Additional Sessions Judge,
District- Guna (M.P.) in S.T. No.29/2019, whereby the appellant has been
convicted under Section 332 of IPC and sentence to undergo RI 6 months with
fine of Rs.200/-, Section 323 of IPC and sentence to undergo RI 3 months with
fine of Rs. 100/-, Section 325 of IPC and sentence to undergo RI 6 months
with fine of Rs. 200/- with default stipulation.
Allegations against the appellant, in short, is that appellant was consuming
electricity illegally by running his electric motor in his agricultural field and when
complainant alongwith his team tried to intercept the appellant that he started
pelting stones over the complainant and his team due to which they suffered
injuries. On the basis of aforesaid, crime as aforesaid has been registered
against the appellant. Appellant was arrested and after investigation, chargesheet
was submitted. Thereafter, trial was conducted and appellant alongwith co-
accused person was convicted for the aforesaid offences.
Learned counsel for the appellant submits that appellant Bhiyalal Yadav
aged 51 years and he has been falsely implicated in this case. It was also
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 19-05-2023
11:43:36 AM
submitted that his jail sentence had already been suspended by the trial Court. It
was further argued that appellant has been wrongly convicted by the learned trial
Court. The appellant was on bail during trial and he had not misused the liberty
granted to him. Appellant is the permanent resident of District- Guna(M.P.) and
there are fair chances of success of this appeal. The appeal is of the year 2023
which may take long time for its conclusion and the appellant cannot be kept in
custody for an unlimited period. Under these circumstances, the execution of
sentence be suspended and the appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of the
respondent/State opposed the bail application and prayed for rejection of this
application.
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that his jail sentence is already suspended by trial Court vide
order dated 27/03/2023 an early hearing of this case is not possible, I.A.
No.8091/2023 is allowed.
It is, therefore, directed that appellant shall deposit the entire fine amount,
if not already deposited, and furnish personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to
the satisfaction of trial Court for his appearance before the Registry of this
Court on 4th of September, 2023 and on such subsequent dates as may be
fixed in this regard, sentence of imprisonment awarded to him, shall remain
suspended till further orders and appellant shall be released on bail.
I.A. No.8091/2023 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
Certified copy as per rules/directions
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 19-05-2023
11:43:36 AM
(MILIND RAMESH PHADKE)
V. JUDGE
shivani
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 19-05-2023
11:43:36 AM
